Difference Between Ordinary Negligence and Gross Negligence?

In New Jersey personal injury cases, the outcome, including financial compensation, can vary depending on the defendant’s degree of provable negligence. Juries must determine if the defendant is guilty of ordinary or gross negligence. This means that it is a jury’s responsibility to figure out whether the accused party accidentally or knowingly disregarded safety protocol, thereby endangering and possibly harming the plaintiff. 

So, what is the difference between ordinary and gross negligence? How do these two legal distinctions impact the outcome of a case? This article will answer these questions and more.

Understanding what is considered gross negligence versus ordinary negligence can be tricky. Having a qualified personal injury lawyer, like those at Rosengard Law Group, can help dispel any confusion. 

What Is Ordinary Negligence?

Ordinary negligence is essentially carelessness. It is the accidental or unintentional failure to behave with the degree of care required to ensure the safety of others. An example of ordinary negligence would be someone accidentally running a red light or unknowingly speeding in a school zone. 

In ordinary negligence cases, though the defendant may have caused harm, they had no intention of doing so and are remorseful. 

What Is Gross Negligence?

Unlike ordinary negligence, gross negligence is the conscious, knowing, and/or willful disregard or indifference for the safety of others. Gross negligence looks at whether the outcome of this disregard could have been reasonably predicted or anticipated. 

An example of gross negligence would be someone knowingly running a red light or speeding in a school zone. Doing so shows a level of intentional disregard for the law and the safety of those in the area. 

In a gross negligence case, regardless of remorse, at the time of injury, the defendant showed a degree of apathy for other people’s well-being. They knew what they were doing and did it anyway.

If you think you have been the victim of gross negligence, we at Rosengard Law Group want to help. With years of experience working in personal injury law, our attorneys can support you in seeking justice. 

Understanding the Key Difference Between Them

While they sound similar, there are a few key differences between ordinary and gross negligence. Awareness is arguably the most important distinguishing factor. Did the defendant knowingly disregard the law? If so, this may be gross negligence. If they behaved carelessly but without intention, then they are likely guilty of ordinary negligence. 

One key differentiating factor occurs after conviction. If the defendant is found guilty of gross negligence, they are barred from liability immunity. All this means is that the defendant has to take full responsibility, including all penalties and fines. In some ordinary negligence cases, the defendant’s employer can assume liability and handle any penalties. 

Another way ordinary and gross negligence differ is in compensation. If found guilty of gross negligence, the defendant may be required to pay the victim punitive damages in addition to compensatory damages. While each state has its own limit for punitive damage charges, in New Jersey, a defendant can pay as much as five times the compensatory charges or a maximum of $350,000. 

Proving gross negligence can be challenging. Having a skilled lawyer by your side, like those at Rosengard Law Group, can make all the difference in the strength of your case. 

How Courts Determine the Degree of Negligence

Negligence is defined on a continuum, beginning with ordinary and concluding with intentional misconduct. Gross negligence is second on the continuum, following ordinary. Determining the degree of negligence begins first by proving negligence. Four elements are required to do this.

• Commitment to Care: the defendant had an obligation or commitment to the plaintiff that they failed to uphold. 

• Violation or Break in Care Commitment(s): the defendant failed to act as any reasonable person would, thereby violating or breaking their duty of care commitment. 

• Causation: The defendant’s violation caused an injury or harm to the plaintiff.
• Result: Actual harm, be it physical or otherwise, was caused by the negligent behavior exhibited by the defendant.

Once these elements have been established, the plaintiff and their legal representation can then make the case for ordinary or gross negligence. 

Do You Need Legal Representation in Negligence Cases?

There are myriad reasons why it is usually a good idea to have legal representation in a negligence case. 

First off, a seasoned personal injury lawyer will be familiar with your state’s personal injury laws. They will not only understand the different degrees of negligence but apply the most appropriate one to your case to increase your likelihood of success. 

Another reason to consider legal representation is that proving gross negligence can be extremely challenging, given that the definition is fairly subjective. A skilled attorney can help with this.

We at Rosengard Law Group can help you navigate the complexities of the New Jersey legal system. We offer 100 percent free, no-obligation consultations. Contact Rosengard Law Group today.